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Housing and Regeneration Bill


SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 30th April 2008, as follows—

Clauses 88 to 284
Schedule 9
Clauses 285 to 298
Schedule 10
Clauses 299 to 302
Schedule 11
Clauses 303 and 304
Schedule 12
Clauses 305 to 310
Schedule 13
Clauses 311 to 319
Schedule 14
Clauses 320 to 324

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 88

 

LORD DIXON-SMITH

 

EARL CATHCART

102ZDPage 40, line 17, leave out subsection (1) and insert—
"(1)  The regulator shall perform its functions in a manner which—
(a)  minimises interference,
(b)  is proportionate, consistent, transparent and accountable,
(c)  complies with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice), and
(d)  seeks to achieve the following objectives as far as possible."
 

BARONESS WILKINS

102APage 40, line 19, after "well-managed" insert "inclusive"
 

BARONESS HAMWEE

102BPage 40, line 23, after "choice," insert "information,"
102CPage 40, line 23, at end insert—
"(aa)  involvement"
 

EARL OF ONSLOW

103Page 40, line 24, at end insert ", including protection for their human rights."
 

LORD DIXON-SMITH

 

EARL CATHCART

103ZAPage 40, line 24, at end insert ", and
(   )  information."
 

BARONESS FINLAY OF LLANDAFF

103APage 40, line 24, at end insert—
"(   )  Pursuit of Objective 2 includes, but is not limited to, protection from the risks to health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz."
 

LORD FILKIN

103BPage 40, line 26, at end insert "and to devise and promote mechanisms for tenants to change providers in the event of poor management"
 

LORD DIXON-SMITH

 

EARL CATHCART

103CPage 40, line 40, leave out subsections (11) and (12)
 

BARONESS HAMWEE

103DPage 40, line 40, leave out "regulate" and insert "perform its functions"
 

LORD DIXON-SMITH

 

EARL CATHCART

103EPage 41, line 2, at end insert ", and
(   )  promotes competitive neutrality."
 

EARL OF ONSLOW

104Page 41, line 2, at end insert—
"(   )  Pursuit of the protection of tenants' human rights, pursuant to Objective 2, includes, but is not necessarily limited to, rights protected by the Human Rights Act 1998 (c. 42) and the International Covenant on Economic, Social and Cultural Rights."
 

LORD MAWSON

104ZAPage 41, line 2, at end insert—
"(   )  Objective 11 is to encourage housing associations to use their capital development programmes as a mechanism for encouraging social innovation."
 

LORD FILKIN

104ZBPage 41, line 5, at end insert—
"(   )  In order to achieve the fundamental Objectives the regulator must identify significant structural impediments to tenant choice to empowerment and promote their removal."
 

BARONESS FINLAY OF LLANDAFF

104APage 41, line 9, at end insert—
"(   )  The Secretary of State may add to, or amend, the regulator's fundamental objectives as the Secretary of State thinks appropriate."
 

LORD DIXON-SMITH

 

EARL CATHCART

104AZAPage 41, line 9, at end insert—
"(   )  In this Part, "competitive neutrality" means a commitment to fair markets which ensures a level playing field between public, private and voluntary providers of goods and services."
 

After Clause 88

 

LORD DIXON-SMITH

 

EARL CATHCART

104AAInsert the following new Clause—
  "Duty to involve tenants of social housing and members of the public
(1)  It shall be the duty of the regulator, in performing its functions, to ensure that tenants of social housing, bodies representing their interests and, where appropriate, members of the public are involved in the exercise of its functions.
(2)  The regulator must take such steps as it considers appropriate to secure the involvement of tenants of social housing and bodies representing them in the exercise of its functions in the manner referred to in subsection (1)."
 

Clause 90

 

BARONESS HAMWEE

104ABPage 41, line 25, leave out "directs" and insert "permits"
 

Clause 91

 

BARONESS HAMWEE

104ACPage 41, leave out line 30 and insert "shall not be quorate unless a majority of those present are members,"
 

Clause 94

 

BARONESS FINLAY OF LLANDAFF

104BPage 42, line 13, at end insert ", and
(c)  specify the proportion of housing built within 60 metres, measured in any direction, of an overhead transmission line."
104BA[Withdrawn]
 

Clause 99

 

BARONESS HAMWEE

104BBPage 43, line 20, at end insert—
"(   )  undertake research in relation to levels of income and the affordability of housing;"
 

Clause 101

 

BARONESS HAMWEE

104CPage 44, line 12, at end insert "subject to regulations made under the Freedom of Information Act 2000 (c. 36)"
 

Clause 104

 

VISCOUNT ECCLES

105Page 44, line 28, at end insert "with the approval of the Treasury"
 

Clause 107

 

BARONESS HAMWEE

105APage 45, line 13, at beginning insert "In the circumstances set out in subsection (2),"
105BPage 45, line 17, leave out "if" and insert "provided that"
 

Clause 110

 

EARL OF ONSLOW

106Page 47, line 2, after "regulator" insert "which is necessary"
107Page 47, line 4, at end insert "which is necessary"
 

Clause 113

 

BARONESS HAMWEE

107ZAPage 47, line 31, leave out paragraph (b)
 

Clause 114

 

BARONESS HAMWEE

 Baroness Hamwee gives notice of her intention to oppose the Question that Clause 114 stand part of the Bill.
 

Clause 117

 

BARONESS ANDREWS

107APage 50, line 5, at end insert—
"(6A)  Principles do not have effect until approved by the Secretary of State."
107BPage 50, line 7, leave out paragraph (a)
 

Clause 118

 

BARONESS HAMWEE

107BAPage 50, line 14, leave out "may" and insert "shall"
107BBPage 50, line 20, leave out "take all reasonable steps to" and insert "except in the case of a body which has ceased to exist,"
107BCPage 50, line 20, leave out "14" and insert "42"
 

Clause 121

 

BARONESS ANDREWS

107CPage 51, line 26, at end insert—
"(3)  The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court."
 

After Clause 123

 

LORD DIXON-SMITH

 

EARL CATHCART

107DInsert the following new Clause—
  "Accountability of providers
(1)  Every registered provider shall prepare a policy statement showing how it will account to residents for the performance of its functions in relation to social housing.
(2)  The policy statement shall be published in printed or electronic form and a copy supplied to the regulator."
 

Clause 127

 

LORD DIXON-SMITH

 

EARL CATHCART

107EPage 53, line 17, at beginning insert "Subject to guidance issued by the Secretary of State,"
 

VISCOUNT ECCLES

108Page 53, line 17, leave out "give directions" and insert "from time to time determine requirements"
 

Clause 144

 

BARONESS ANDREWS

108ZAPage 60, line 38, at end insert—
      "But not the presenting of a petition by the regulator under section 165"
 

Clause 145

 

BARONESS ANDREWS

108ZBPage 61, line 39, at end insert "or by the regulator under section 165"
 

Clause 147

 

BARONESS HAMWEE

108ZBAPage 63, leave out line 10
 

Clause 148

 

BARONESS HAMWEE

108ZBBPage 63, line 25, at end insert—
"(   )  This section has no effect on a disposal which has been agreed but not completed."
 

Clause 151

 

BARONESS HAMWEE

108ZBCPage 64, line 34, at end insert—
"(   )  have regard to the interests of the tenants of the registered provider,"
 

Clause 157

 

BARONESS HAMWEE

108ZBDPage 68, line 8, leave out paragraph (a) and insert—
"(a)  make staff available to the manager;"
 

Clause 165

 

BARONESS HAMWEE

108ZBEPage 70, line 36, leave out "properly"
 

Clause 166

 

LORD DIXON-SMITH

 

EARL CATHCART

108ZBEA*Page 71, line 10, leave out from beginning to "to" in line 11
 

After Clause 167

 

BARONESS HAMWEE

108ZBFInsert the following new Clause—
  "Section 166: further provisions
(1)  This section applies to property transferred in accordance with section 166(2)(b) where the regulator has discharged liabilities pursuant to section 166(3).
(2)  The regulator shall have a charge over the land to the value of the total amounts paid by the regulator."

 
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13 June 2008